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In Case Of Divorce, Know Your Rights

A decision to get a divorce or a legal separation is deeply personal, but certain legalities must be met to make it official. If you are considering or have already decided to divorce or to separate from your partner, it is highly advisable to get the legal counsel of an experienced and caring lawyer.

I am attorney R. Russell Kubyn, and I have been my clients’ trusted adviser in Ohio family law for nearly 40 years. My goal at Kubyn Law is to provide client-centered service that addresses the legal concerns of my clients around divorce and legal separation.

How Property Division Works In Ohio Divorces

If you are going through a divorce in Ohio, one of the major issues you are likely to face is how to divide up your marital property and debts in an equitable manner. Ohio is not a community property state where marital assets and debts are generally split 50/50. Instead, Ohio follows an “equitable distribution” model that strives for a fair divide of the marital property between the spouses.

During the property division process, both spouses are required to provide full financial disclosures about their assets, income streams and debts. This helps establish values for all marital assets and debts.

If you can negotiate your own property settlement agreement, it will likely be approved by the court as long as it is substantively fair. Without an agreement, the court will divide property equitably after weighing the statutory factors.

Judges are instructed to start with an equal division but can diverge from a 50/50 split if they determine an even split would be inequitable based on the case’s specific circumstances. When deciding how to apportion property equitably, the court considers :

  • The marriage’s duration
  • Each spouse’s economic situation
  • The tax implications of the property division
  • Whether keeping certain assets intact benefits the family economically
  • Any financial misconduct on the part of either spouse, such as fraud or dissipation
  • Whether the custodial parent should remain in the family home

A key first step is classifying which assets and debts are considered “marital” property belonging to both spouses versus what is the “separate” property of just one spouse. Marital property is a combination of most income and assets acquired by either spouse during the marriage, regardless of the name on the title. This can include bank accounts, investment accounts, homes, vehicles and retirement accounts (or portions of accounts) accumulated during the marriage.

Separate property includes assets one spouse owned before the marriage, as well as inheritances or gifts received individually and not commingled with the marital estate.

An Experienced Attorney To Develop Tailored Legal Solutions To Your Case

My professional practice focuses solely on family law. I have assisted thousands of clients and provided unique solutions to their concerns. I have guided my clients in their negotiations about the terms of their divorces or separations, but I have also been with them in court to fight zealously for their rights.

At Kubyn Law in Mentor, we can start working on options to answer your needs regarding:

  • Guidance through your divorce or legal separation
  • Solutions for division of marital property
  • Valuation and division of complex assets
  • Spousal support determination
  • Arrangements for child custody or visitation schedules
  • Strong advocacy for the rights of mothers and fathers

I understand that you are looking for experienced legal representation to protect your interests in northern Ohio. At Kubyn Law, I am ready to help you through these difficult times. I am in your corner and will do everything possible to help you solve your present issues for a better tomorrow.

Learn About Your Options

Let an experienced family law attorney guide you through these difficult times and advise you in your decision-making. Your first consultation is free. Call at 440-613-6298 to meet in person, by phone or virtually. This online contact form is also available for your convenience.